Expert Witness – Pain Management & Anesthesiology

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F.A.Q.

Frequently Asked Questions:

1. Are you still an active clinician?I continue to actively work in the fields of interventional pain management and anesthesiology, primarily in Nevada but also in several other states. I am licensed in NV, CA, AZ, TX, TN, NY, GA and FL. I am also pursuing our new neuropathy treatment and am setting up studies on the treatment of various types of neuropathic pain with my combined electrochemical block.

2. When did you begin working as an expert consultant?My first medico-legal experiences occurred as a treating expert from about 2002 on, associated with my work in an MD/DC (interdisciplinary) practice which specialized in the personal injury patient. My activities as a pain management and anesthesiology expert expanded beyond the realm of treating expert to consulting expert for plaintiff’s around 2008, and for defendants in 2009.

3. What are the most common cases on which you are consulted?I have been involved as an expert consultant in personal injury cases involving both conservative care and where more advanced interventional pain procedures were utilized. I have worked with the defense primarily in the area of overbilling and overutilization in interventional pain management. I also have been consulted in cases of pharmacological (opioid) management, both for the defense and plaintiff (medical malpractice) where adverse events have occurred.

4. What is your experience with personal injury cases?I got my start in the personal injury arena as the treating physician/expert, which I have been doing for approximately 10 years. I have testified at the request of my patients in deposition on many occasions and in trial on a few occasions.

5. What is your experience with defense cases?I was approached in 2009 to work on several large cases where overutilization and overbilling were suspected.

6. Have you been retained in anesthesia malpractice cases?Yes – These cases have varied from preoperative and intraoperative care issues to postoperative medical mismanagement.

7. Have you also been retained as a pain management expert?Since 2008 I have been retained on many occasions not just as a treating expert, but as the principle outside expert. The cases have involved both interventional and pharmacologic management types of cases.

8. Are you generally an expert for the plaintiff or the defense?My initial work was primarily plaintiff, but I have recently been retained for expert defense work. I have also declined to participate in cases where I felt either the Plaintiff or Defense did not have a case.

9. Have you been involved in cases outside of Nevada? (multiple state licenses)As a treating expert, my cases involved patients in Nevada and a few in Arizona. However, I have consulted on cases all over the country since 2008.

10. Do you anticipate that there will be growing activity in litigation involving chronic pain management, both interventional and pharmacologic?The population is aging, and chronic pain is rampant in the older age groups. Chronic pain treatment is still the Wild, Wild West; practice guidelines exist, but are not widely followed. Untrained practitioners who have taken “weekend” courses perform procedures that they have no business doing. For these and many other reasons, I believe that there will be an explosive growth in pain management litigation.

11. What is your area of active research?I have been actively involved in the development of a new technique, utilizing a chemical block with an advanced electroanalgesia device, to treat all forms of neuropathic pain. Current drug treatment is woefully inadequate, expensive, and has unpleasant side effects. The theoretical bases for our combined electrochemical block (CEB) have been presented in three papers authored by myself and the developer of the electroanalgesia device, and clinical studies are ongoing.